Former Kampala South Region Police Commander Siraje Bakaleke.

Kampala. The High Court in Kampala yesterday declined to issue an interim order exonerating former Kampala South Region Police Commander Siraje Bakaleke from charges of kidnap and extortion of Shs1.4b from three Korean nationals
Justice Musa Sekaana said he could not exonerate Mr Bakaleke because the Attorney General (AG) and the Director of Public Prosecutions (DPP) have not been served with the hearing notice of the application.

“Whereas the respondents have been served and no response has been made and have not filed any affidavit in reply in court, this court directs that the AG be served with the hearing notice of this application,” Justice Sekaana’s ruling reads in part.
“The court further orders that the office of the DPP be served with the copy of motion and hearing notices for the next hearing date to enable them pick interest in the matter as the decision makers. This decision is under challenge and relates to the powers of the DPP to sanction the charges,” he added.

‘Lawyer’s oral statement’
Justice Sekaana also said Mr Bakaleke’s lawyer only made an oral application without any evidence to support it.

“This court shall not issue orders that are not grounded; in prevailing circumstances, the application for interim is disallowed,” he added.
Through his lawyers, Ms Sarah Nakachwa and Mr Robert Ssenfuka, Mr Bakaleke wants court to suspend the charges against him before the Anti-Corruption Court until his application challenging his trial is heard and disposed of. According to his sworn affidavit, he says the AG consented to the charges upon request by the CIID commander Kampala Metropolitan Police despite the fact that there was no sound evidence on file of which the DPP also states in his own letter dated May 22, 2018.

“To date, I have not been produced to any court of law to take plea on the charges and I live in a state of constant uncertainty. I cannot travel abroad and occupy any position of authority since I have pending criminal charges against me, which the state has even failed to commence in spite of having sanctioned the file for a period of over three months now,” his court submission reads in in part.
The judge adjourned the case to October 11 for mention.